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MONTMARQUET v. JOHNSON & JOHNSON

Civ. No. 9220.

82 F.Supp. 469 (1949)

MONTMARQUET v. JOHNSON & JOHNSON.

United States District Court D. New Jersey.

February 4, 1949.

Attorney(s) appearing for the Case

Harry B. Rook, of Newark, N. J. (J. T. Basseches, of New York City, of counsel), for plaintiff.

Kenneth Perry, of New York City (William J. Barnes, and George H. Lorch, both of New York City, of counsel), for defendant.

FORMAN, District Judge.

Plaintiff, Francis H. Montmarquet, doing business as The O. C. Manufacturing Company, alleged that defendant, Johnson & Johnson, infringes the plaintiff's patent No. 2,301,066 for an athletic supporter (jock strap) issued November 3, 1942. Plaintiff sought the usual injunctive and accounting relief. In answering the defendant denied the validity of the plaintiff's patent and infringement of the same. It asserted a counterclaim for a declaratory...

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